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A child in a Maryland car accident can be a terrifying experience for any parent. This is especially frustrating when the accident is not your fault. Of course, we concern ourselves over the safety and well-being of any physical injuries to our children. But we must also consider emotional trauma and longer-term consequences. Our Maryland car accident attorneys have represented minor children in car accident cases since our founding over 70 years ago. Since then, we have seen all levels of severity in accident cases. In more minor cases, the child is ok after a few weeks of physical therapy. However, in more severe cases, the child loses the ability to live a normal life. It is our job to obtain compensation for these physical and emotional injuries.
A child in a Maryland car accident may lose the ability to go to prom, graduate high school, get a job, and do all the things we want our children to grow up able to do. When this ability is taken away because of a negligent driver, it is critical to get an attorney involved immediately. Maryland has specific laws that may protect children and afford them additional compensation. This is fact-specific and requires attorney intervention to get your child the best possible outcome. Compensation for injuries a child suffers in a car accident can help cover medical expenses, future care needs if applicable, and other related costs. However, navigating the legal system and dealing with insurance companies can be complex.
Contact our office today for a free consultation and case evaluation.
The common causes of car accidents involving children in Maryland are generally the same as any other car accident. But of course, as any parent knows, children can introduce new distractions that are not present in other cars. We address those common causes below.
A child in the backseat can easily lead to a child in a Maryland car accident. Parents in the front seat frequently are distracted by a child in the back. This can be for a host of reasons. The parent may be admiring the young child who is sleeping or may get distracted for less wholesome reasons, such as a child screaming in the backseat. In either event, young children can be some of the biggest distractions for a driver. And unlike texting and driving or even talking on the phone, this is less up to the driver and more to do with the child.
Of course, we cannot fault the driver for getting distracted by this morally. And yet, the driver is still ultimately required to follow the rules of the road and avoid an accident. Accordingly, the driver must find some way to avoid being distracted before getting on the road with the child.
Road trips are another common cause of a child in a Maryland car accident. Of course, road trips take their toll on drivers even if a child is not in the car. But if one is in the backseat, they typically have even less patience for road trips than adults. Thus, they may cause distraction for the driver. They may also weigh on the patience of the driver. This can lead to careless driving and accidents.
When children first get into their parent’s car, the parent and driver are typically elated to see their child for the first time all day. However, turning around to greet your child for even a moment is dangerous. This is an all too common occurrence in a school zone. Of course, there is also the risk of a child running out in front of a car. Children are unpredictable. It is up to drivers in school zones to remain diligent while behind the wheel.
A child in a Maryland car accident may sustain more serious injuries than would an adult. While there is an argument to be made that a child tends to heal and recover quicker from less severe injuries, and that is generally true, a smaller child is susceptible to permanent and life-altering injuries in a car accident. These injuries can result from direct impact or the sudden jolt of a collision, leading to potential cognitive, behavioral, or developmental challenges. When a child is injured in a car accident, we first consider any long-term damage as accident attorneys. The reason for this is simple: children lose more when they face a life-altering injury than older adults. We will calculate how much life the child has left and multiply those years by the damages.
Of course, if it is a 70-year-old adult, while a life-altering injury is significant, that adult has under two decades remaining, according to how a court views the issue. Meanwhile, a child faces significantly more damage due to the loss of two things. First, the child is losing the opportunity to experience life events that the older adult may have already experienced or had the chance to experience. Second, the child will have to deal with the lingering pain or ailment longer than the older adult.
The laws in Maryland governing the protection of children in car accidents are clear. First, the CDC recommends that children ride rear-facing for as long as possible. Once children reach their height and weight limits, they should be in a forward-facing seat until they are ready for a booster seat. It is estimated that 325 children under five are saved by car seats in a year. Additionally, about 600 children 12 and under are killed in traffic accidents while riding in vehicles every year. While this is a harrowing statistic, it is notable that car seats reduce an infant’s risk of fatal injury by 71%.
It is recommended that many kids ages 8 to 12 still need to use a booster seat. They should continue to use a booster seat until they outgrow the limits as marked on the booster seat.
Compensation for a child in a Maryland car accident depends on the damages he sustains. We calculate damages in any type of accident based on economic and noneconomic damages. Economic damages are broken down into medical expenses and any detrimental effect on wages. If you cannot work a certain number of hours over the summer due to your injuries as a child, you can make a lost wage claim. For more serious injuries, you may never be able to work again. When this happens, as Maryland accident attorneys, we must consider how much insurance coverage is available as your damages will be significant. Of course, we also consider any past and future medical expenses. In most cases, that is the most injurious economic damage.
For noneconomic damages, we consider any loss of enjoyment of life. This broad category of damages is meant to encompass any emotional trauma you experience. Unlike economic damages, this is less precise and depends on how a judge or jury interprets the facts of your child’s case.
If you are a child in a Maryland car accident, you must speak to your parents. As a minor, your signature on any contract is ineffectual. Although, once your parents sign any retainer on your behalf, it is your case. You will work with one of our attorneys, and our duty is to you. We may only communicate with your parents with your permission.
Contact our office today at (202) 331-7227.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.